The same argument in my earlier post about mediation holds true with final and binding arbitration. At the end of the 30-day mediation period the case will move to the arbitration phase. There, a “panel” of arbitrators will presumably listen to proposed contract language from each party and then construct a contract that is some sort of compromise that will be binding on both parties for two years. Once again, the panel will probably reach a compromise somewhere between where the parties were after mediation.
There are at least 2 small problems with this system. First, the vast majority of arbitrators have never written a labor contract in their lives. They are usually retired attorneys or college professors who arbitrate on a part-time basis and then only interpret specific contract clauses. Virtually every labor contract in existence today specifically prohibits an arbitrator from changing any provision of a labor contract. Second, there are approximately 1,400 arbitrators on the FMCS roster. If a “panel” consists of 3 arbitrators and each arbitration takes 2 weeks (it will probably take longer) the entire system will implode unless the service is able to hire another 1,500 or so people with no arbitration experience
So, the end result is a compromise of a compromised compromise decided by a committee that knows nothing about the organization upon which the contract is being imposed and which has little, if any, arbitration experience.
The good news is that this system will probably solve the energy crisis. No one will have to drive to work.
